Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-15
INFoR NATION
.~...FoR....
OWNERS AND LOckT0Rs
MI M r. 81
APPLICATION FOR PATENT.

eral Land Once. zen
an application will be rejected when the
sofaptlon OF the premises is erroneous or
application for patent will be rejected be.
First The notice was published witbopt, ~.
knowledge of the Register.
oecono-Ihe notice was not publiehed in /.
newspaper designated "a published NE aggsttbs
T~hird-Record title was found defective
and "oieouVe,
Fourth--A previous application had hes,
MADE Ior the same promises, which was win
drawn pending q suit in Court commencoa -.
the adverse claimant. W
An application for patent will be reiec,.a
when the survey does not accurately defne ~
boundaries OF the claim.
Where the claim was not Iocstaa 4, o..
ance with law. 0"u
Where several parties own separate and Az.
tinct portions OF q claim, application ~,
patent may be made by either for tn AT poruoa
of the claim owned by him. but where sova.n
parties own undivided interests in ; ninaa.
claim all should join In an application for
patent.
A person or association may purob.sa.
many placer locations as the local Law sSm,,s
and embrace them all In one application 10,
patent.
Two or more lodes cannot be embraced .,
one application for q patent except for pIscar
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purpoy,.
ing to act as a deputy for the Register ana Re.
ceiver cannot be recorded as evidence.
In all patents for mining claims situatad
within the interior boundaries OF 4 town si,a
q clause is inserted excepting and exoIndips
all town property, rights upon the snrfsce
and all houses, buildings, structures. lots
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee bore
in, and all rights necessary or proper TO the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made n or,v
one newspaper for the period of 90 DAYS.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In dsily
newspapers 60 days must elspse between the
first and last insertions.
Where the Register d esignates thedslyissue
of 3 newspaper for publication Of notices Of a
mining application for patent 1t 10 not a com.
pliance with law 10 change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence OF o salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and ~pre-emption laws. A hearing
for the purpose of proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE cLAIMs.
Adverse claimants must nle 4 separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
by such adverse ciAimant
TIL papers In ali adverse claim, once filed,
cannot be withdrawn, but becomes = part Of the
record.
When an adverse claim has been hled il can.
not be amended so as 10 embrace q larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local OH CO
during the period of publication Of the appli-
cation Tor the patent to be effective.
1t Is the duty OF the adverse claimant o
suit In proper form within the re-
quired time, and If he trusts The uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law. without stating the
facts specially. will not be considered in evi.
dence.
An adverse clsimant should show 8 compli.
ance with the local laws In recording his claim
and in regard TO expenditures, and shall die 8
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to q suit that they
compose the company is sufficient. and they
are not required to prove that they are the
originsl ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value, for sgri.
cultural purposes, but IL essential to the
proper development OF mining claims, IL
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled az any time
prior to issuance of patent. upon satisfactory
evidence OF the existence of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon a tract after the same 1as been
en- tered az agricultural, but before ! Stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before disposing of the mine. Proof that the
party was not q citizen before disposing OF bis
claim must be afirmatively shown.
Locators and ntermediate owners, other
than applicants, will not be presumed sliens,
in the absence Of allegation or objection prior
to issuance OF patent.
The portion Of q mining claim sold TO gu
alien cannot be patented while suoh owner u
an alien; but on his declarationi o become .
citizen his right dates back to his purchase,
oud he may thereupon secure United Sfa'es
patent for his claim.
CROSS LKDaEs.
Revised Statutes. Section 1896: j..
Where two or more lodges cross or intersec.
each other. priority Of title shall govern, ana
such prior location shall be entitled to all ore
or mineral contsined within the space of inter
section, but the subsequent location shall have
the right OF way through the space OF inter.
section for the purpose Of the convenient
working OF the mine. And where two or raoIe
veins unite the oldest or prior location shaii
take the vein below the point OF union' IN
GLIDING all the space of intersection.
TUNNELS.
There is no authority of law for q tunnel
location 5000 by 800 feet. A proper location
is the width of the tunnel for 5000 feet,
There is no provision OF law for patentlhs
tunnel locations, but lodes discovered In run.
ming a tunnel may be patented in like manner
as other lodes.
The right is granted to tunnel owners 70
1900 feet of each blind lode, not previously
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